Attachment A

LEE Certification Application Form

Defence Locally Engaged Employee Program

PRIVACY NOTICE AND CONSENT REQUEST
On 13 December 2012, the former Ministers for Immigration and Citizenship and Defence announced
that Australia would offer resettlement to eligible locally engaged Afghan employees at risk of harm due
to their employment in support of Australia’s mission in Afghanistan. The policy came into legislative
effect on 1 January 2013.

The Department of Defence (Defence) accepts applications for certification under the Afghan locally
engaged employee (LEE) program.
This form includes 2 parts: (1) a privacy notice and (2) a request for your consent.

PART 1: Privacy Notice

This is a notification for the purposes of Australian Privacy Principle (APP) 5 in Schedule 1 to the Privacy
Act 1988 (Privacy Act)
Summary
If you choose to apply to Defence for certification under the Afghan LEE Program Defence may collect,
use and share your personal information:
1. to assess whether or not your application satisfies the criteria for certification under Legislative
Instrument IMMI 12/127
2. to verify any information that you provided to us in your application
3. to enable the Minister for Defence to make an informed decision whether to certify you, or refuse to
certify you, under clauses 200.211(1A)(b) or 201.211(1A)(b) of the Migration Regulations 1994
4. to evaluate, audit, assess or report on the Afghan LEE program
5. to refer you to more appropriate visa application processes, if applicable
6. for research and development of policies or programs relevant to Defence’s functions.
We may collect and share your information from and with other parties. This may include other
Australian Government agencies; and individuals, organisations and Governments in other countries.
Please advise us immediately if you do not want Defence to contact a particular person or entity (for
example, if you have concerns for your safety).
If you complete part 2 of this form, you are consenting to Defence collecting and managing your personal
information as set out in this Privacy Notice.
For more detail, read the below notice.
This notice explains how Defence manages personal information collected about you and if relevant,
the personal information of your family members in accordance with the Privacy Act 1988 (Privacy Act).

What is personal information

The Privacy Act provides that personal information is information or an opinion about an individual who
is reasonably identifiable.

The Department may collect your sensitive information as defined under the Privacy Act that is relevant
to your application for certification, such as your health information. Defence needs your consent to
collect sensitive information.
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LEE Certification Application Form

Why Defence collects your personal information

The primary purpose Defence collects your personal information and if relevant, the personal
information of your family members is to carry out Defence’s functions associated with managing the
Afghan LEE program, including:
 to assess whether or not your application satisfies the criteria for certification under Legislative
Instrument IMMI 12/127.
 to verify any information that you provided to us in your application
 to enable the Minister for Defence to make an informed decision whether to certify you, or refuse
to certify you, under clauses 200.211(1A)(b) or 201.211(1A)(b) of the Migration Regulations 1994
 to evaluate, audit, assess or report on the Afghan LEE program
 to refer you to more appropriate certification and/or visa application processes, if applicable.
Defence will use and share your personal information and the personal information of your family
members for that purpose. Under the Privacy Act, your personal information can also be used for a
secondary purpose. Generally, this is where you would reasonably expect Defence to use or disclose
your personal information and the secondary purpose is either directly related to the primary purpose
(for sensitive information) or related to the primary purpose (for other personal information). For
example, the personal information you provide in an Afghan LEE certification application may be used
in relation to your subsequent applications to Defence (including under the Freedom of Information Act
1982 and Privacy Act). Further, we may use the information you provide in an Afghan LEE certification
for research and development of policies or programs relevant to Defence’s functions.

Defence may have already collected your personal information (including sensitive information) for one
or more of the above purposes. If so, this statement will provide you with information on how Defence
proposes, with your consent, to manage that information moving forward.

What types of information will Defence collect about you

In order to carry out Defence’s functions to manage the Afghan LEE program, Defence will need to
collect your personal information and if relevant, the personal information of your family members.
This may include the following information:
 full name
 date of birth
 marital status
 contact details including email, phone number and address
 gender
 country of residence, nationality, citizenship and/or birth
 identity, travel, passport and visa information or documents
 employment and financial information (including, employment status, occupation/career history
and reference details).

Defence may also collect sensitive information, such as your health information (e.g. medical history,
test results and reports).

How Defence collects your information

Generally, Defence will collect this personal information directly from you. We may also collect your
personal information from third parties such as:
 Australian Government agencies, such as the Department of Home Affairs (Home Affairs), the
Department of Foreign Affairs and Trade (DFAT)
 law enforcement agencies such as the Australian Federal Police (AFP)
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LEE Certification Application Form

 other individuals, organisations or foreign Governments whom you have nominated in your
application form such as referees, supervisors, and medical practitioners.
Defence will not however collect information about you from the government of Islamic Emirate of
Afghanistan or any other individual, organisation of foreign government that you do not want Defence
to contact (for example, because you have concerns for your safety).
The Privacy Act permits collection of:
 sensitive information where it is authorised under law, or for enforcement related functions, or
with your consent.
 other personal information where it is reasonably necessary for, or directly related to, one or more
of Defence’s functions or activities.
Please only provide information that you are comfortable with providing. It is your choice what
personal information you provide to us in relation to the application.
If Defence does not collect all your relevant personal information, the Minister for Defence may not
have sufficient information to certify you eligible under the Afghan LEE program. This may result in the
Minister for Defence deciding that you are ineligible for certification under the Afghan LEE Program.

Who Defence will share your information with

Defence may in certain circumstances provide your personal information to other Australian
Government agencies for the purposes of managing the Afghan LEE program. Examples include
disclosure to confirm: your identity; verify the authenticity of documents you have provided;
employment history, citizenship, residency or travel information you have provided; or to refer you to
more appropriate certification and/or visa application processes.
Usual Australian Government agencies, that Defence may exchange your personal information with in
the course of carry out Defence’s function to manage the Afghan LEE program include but are not
limited to:
 Department of Home Affairs
 Department of Foreign Affairs and Trade
 The Australian Federal Police

Personal information is also used on Defence’s behalf by contractors. For example, contractors who
manage Defence information technology systems on Defence’s behalf. Defence however requires that
its contractors also comply with the Privacy Act, regardless of whether they are located in Australia or
overseas.

If you apply for merits or judicial review of a decision, Defence will provide relevant personal
information to the tribunal or court conducting the review. Defence shares information with
investigation bodies such as:
• Commonwealth Ombudsman
• Office of the Australian Information Commissioner
• Australian National Audit Office
• Australian Human Rights Commission
• Fair Work Ombudsman.

Your personal information may be provided to Australian Government Ministers with responsibility for
the Afghan LEE program or a House or Committee of the Parliament of the Commonwealth of Australia
with responsibility for oversight of the Afghan LEE program.
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LEE Certification Application Form

Your personal information may be provided to other individuals, organisations or foreign Governments
whom you have nominated in your application form (such as referees, family members, advocates) for
the purposes of managing the Afghan LEE program. Examples include: because you have nominated the
person as a personal representative; disclosure to confirm your identity; disclosure to verify the
authenticity of documents you have provided; and disclosure to verify employment history, citizenship,
residency or travel information you have provided. This will be done only on a need-to-know basis.

Defence will not however share information about you with any other individual or organisation that
you do not want Defence to contact (for example, because you have concerns for your safety).

Sharing your information outside Australia

In some circumstances, Defence may share your personal information with other parties outside
Australia, including in your present country of residence, only where it is reasonable and necessary to
assist Defence to carry out its functions to manage the Afghan LEE program. Defence will only exchange
information with a foreign governments or international organisation that has an information sharing
agreement or arrangement with Australia. These include but are not limited to, the United States, the
United Kingdom, Canada and New Zealand. The purpose of such disclosure is to help confirm your
identity, verify your claims and determine if you have presented to other agencies under the same
identity and with similar claims.

Defence will not however share information about you with the government of Islamic Emirate of
Afghanistan or any other foreign government or international organisation that you do not want
Defence to contact (for example, because you have concerns for your safety).

Defence will take reasonable steps to ensure that a disclosure of your personal information to an
overseas non-government organisation, corporate entity, international organisation or foreign
government recipient is subject to a law, or binding scheme, that has the effect of protecting the
information in a way that, overall, is at least substantially similar to the way in which the Privacy Act
protects the information; and there are mechanisms that you can access to take action to enforce that
protection of the law or binding scheme. The United Kingdom and the European Union, for example,
have laws that meet this test.

Defence cannot however warrant that a disclosure of your personal information to an individual
(whether overseas of not) can or will be protected to any similar degree as under the Privacy Act.

Defence’s Privacy Policy and contact details

Defence’s Privacy Policy (available at www.defence.gov.au/governance/defence-privacy-policy)
contains important information including:
 how you can access and correct personal information Defence holds about you
 how you can complain about a privacy breach.

Contact Details
If you have any general questions or concerns about the handling of your personal information, please
contact the Defence Privacy Service via email at: defence.privacy@defence.gov.au.

If you have a specific enquiry related to the use of your personal information including seeking access to
and correction of your personal information concerning your LEE Program application, please contact
the Defence Afghan LEE Program team via email at: afghan.lee@defence.gov.au.
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LEE Certification Application Form

Alternatively, you may raise your concerns with the Defence Privacy Office, by email to
defence.privacy@defence.gov.au.

PART 2: Consent
Participation in the Afghan LEE program is voluntary.

By completing this form:

I acknowledge that if I consent to Defence disclosing my personal information to an individual (including

an overseas recipient), Defence will not be liable to take reasonable steps to ensure that the individual
does not breach the Australian Privacy Principles, or how such an individual handles my personal
information.

I consent to Defence collecting and sharing my personal information (including sensitive information) in
accordance with this Privacy Notice, including Defence disclosing that information to parties located
outside of Australia.

If you supply personal information to us about another person:

I represent and warrant that I am authorised to do so and that the relevant person has consented to the
disclosure of that information to Defence and to Defence’s collection and handling of that information in
accordance with this Privacy Notice.

Signature:

Applicant name: …………………………………………………………

Applicant signature: ……………………………………………………

Date: …………/…………/……………

If you are unable to print and sign this Privacy Notice and Consent Request, Defence will accept
electronic confirmation of your consent. Defence will accept you typing your name in the signature
field above, scanning and pasting a physical signature into an electronic document or your name
appearing in the ‘From’ field in an email.